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HomeMy WebLinkAboutMINUTES - 07151986 - T.4 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA 2 3 Condemnation of Property ) RESOLUTION OF NECESSITY For Public Road Purposes , ) NO. 86/404 4 Bates Ave . A.D. 1984-2 ) Concord Area , Assessment Dist . ) (C.C.P. §1245. 230) 5 No. 1984-2 ) ------------------------ 7 The Board of Supervisors of Contra Costa County, California , 8 by vote of two- thirds or more of its members , RESOLVES that : 9 Pursuant to Government Code Section 25350 . 5, and Streets and 10 Highway Code Section 943 , Contra Costa County intends to construct 11 a public improvement , namely, a road and drainage facilities , on 12 behalf of Assessment Dist . No . 1984-2 , and , in connection 13 therewith , acquire interests in certain real property. 14 The property to be acquired consists of four parcels and is 15 generally located in the Concord area between Port Chicago Highway 16 and Bates Avenue . The said property is more particularly 17 described in Appendix "A" , attached hereto and incorporated herein 18 by this reference . 19 On June 24 , 1986 , this Board passed a resolution of intention 20 to adopt a resolution of necessity for the acquisition . by eminent 21 domain of the property described in Appendix "A" (Resolution No. 22 86/374 ) and fixing July 15 , 1986 , in its Chambers in the 23 Administration Building, 651 Pine Street , Martinez, California , as 24 the time and place for the hearing thereon . 25 The hearing was held at that time and. place , and all 26 interested parties were given an opportunity to be heard and based 27 upon the evidence presented to it , this Board finds , determines 28 and hereby declares the following: RESOLUTION NO . . 86/404 1 1 . The public interest and necessity require the proposed 2 project : and 3 2. The proposed project is planned and located in the manner 4 which will be most compatible with the greatest public good and 5 the least private injury; and 6 3. The property described herein is necessary for the pro- 7 posed project ; an.d 8 4.. The ,offer required by Section 7267 . 2 of the Government 9 Code was made to the owners of record . 10 The County Counsel of this County, and any special counsel 11 associated by him, is hereby AUTHORIZED and EMPOWERED: 12 To acquire in the Agency' s name, by condemnation , the titles , 13 easements and rights of way described in Appendix A, in and to 14 said real property or interest (s ) therein, in accordance with the 15 provisions for eminent domain in the Code of Civil Procedure and 16 the Constitution of California; 17 To prepare and prosecute in the County' s name such proceedings 18 in the proper court as are necessary for such acquisition; and 19 To deposit the probable. amount of compensation , based on an 20 appraisal , and to apply to said court for an order permitting the 21 County ' to take immediate possession and use said real property for 22 said public uses and purposes . . 23 PASSED and ADOPTED on _July_15i_19L__, by the following 24 vote: 25 AYES : Supervisors Fanden, Schroder, . Torlakson and Powers 26 NOES : None 27 ABSENT: Supervisor McPeak -2- 1 I HEREBY CERTIFY that the foregoing resolution was duly and 2 regularly introduced , passed and adopted by the vote of two-thirds 3 or more of the Board of Supervisors of Contra Costa County, 4 California ,. at a meeting of said . Board on the date indicated. 5 Date : JUL 15 1996 6 -- ----- Phil Batchelor , Clerk of the 7 Board of Supervisors and County Administrator 8 9 n r � 10 Deputy 11 12 cc: Public Works Department 13 Real Property Division Auditor-Controller 14 County Counsel (Certified Copy ) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- i t S APPENDIX "A" A.D. 1984-2 PARCEL 36 - Fee Portion of Lot 6, Map of Government or Gwin Ranch, filed November . 82 1884, in Book D of Maps , at page 87 , Contra Costa County Records , described as follows : Beginning at the intersection of the northern line of that parcel of land described in the deed to American Savings & Loan Association, recorded March 11 , 1985 in Book 12218 of Official Records , at page 650 with the western line of that parcel of land described in the Offer of Dedication to the City of Concord recorded December 22, 1982 in Book 11056 of Official Records, at page 889 ; thence along .the western line of said City of Concord parcel (11056 O.R. 889) South 20003'25" East, 150.00 feet to the southern line of said American Savings parcel (12218 O.R. 650) ; thence along said southern line South 8034'35" West, 20.35 feet; thence leaving said southern line North 20003'25"• West, 150.00 feet to the northern line of said American Savings garcel (12218 O.R. '650) ; thence along• said northern line North 80 34'35" East , 20.35 feet to the point of beginning. And containing 0 .07 Acres , more or less . PARCEL 36T'•-Temporary Construction Easement Portion of Lot 6,. Map of Government or Gwin Ranch, filed November. 8 , 1884, in Book D of Maps , at page 87 , Contra Costa. County Records , described as follows : Beginning at the intersection of the northern line of that parcel of land described in the deed to American Savings 'and Loan Association, recorded March 11 , 1985 in Book 12218 of Official Records , at page 650 with the western line of that parcel of land described in the Offer of Dedication to the City of Concord recorded December 22, 1982 in Book 11056 of Official Records, at page 889 ; thence along the western line of said. City of Concord parcel (11056 O.R. 889) South 20°03125" East, 150.00 feet to .the southern line of said American Savings _parcel (12218 O.R. 650) ; thence along said southern line South 80'J34'35" West, 40.70 feet; thence leaving said southern line North 20003125" West, 150.00 feet to the northern line of said American Savings garcel (12218 O.R. 650) ; thence along said northern line North 80 34'35" East , 40.70 feet to the point of beginning. Excepting therefrom, that parcel- of land previously described in PARCEL 36 - Fee above. And containing 0 .07 Acres , more or less .. Page i PARCEL jol Fee 1 map filed October 2, 1975, in that. -Portion of Parcel A of tt . parce Book 40 of ?arcelMaps , at pages 26 and 27 , Contra Costa County Records, described as follows: & at the intersection of- the southern line of the area Be inning DEDICATED TO THE CITY OF COtZCORD's shown on said parcel map "To BE DEDI thence along the said ' western line of said Parcel A; and the 181 .28 feet to the eastern southern line North 80'034135" East, thence along said line South line of said Parcel A (4'0 ?M 26} ; leaving said line South 20000'55" East , 16.28 feet; thence thence, along said line 80034"35" West ', 181 .28 feet to the western line therof; z North 20"00'55" West, 16.28 feet to the point o - beginning. And containing 0 .07 Acres , more or less . mpra 10—I '-KullBase=e=t • Portion of Parcel A of that parcel map filed October 2, 1975, in Book 40 of Parcel Maps , at pages 26 and 27 , Contra Costa County Records , described as follows : Commencing at the interesection of the southern line of the area ' Z I --el mar) "TO BE DEDICATED TO THE CITY OF CONCORD" shown on said par . and the- western Uile of said Parcel A; thence along the said southern line North 8003413511 East, 181-28 feet to the eastern line of said Parcel A (40 PM 26) thence along said line South 20*00'55" East, 16-25 feet; thence leaving said line as follows: South 80034'35" West, 28.84 feet to the point of beginning;: 1 " continuing from said. point of beginning South 8003435West, 110.00 feet; South 9025'25" Fast, 3.00 feet; North 8003413511 East, 110.00 feet and North 94*25'25" West,. 3.00 feet to _the point of beginning. And containing 0 .01 Acres , more or less . 11ARCa 101T—Te=porary, Construction Easement Portion of Parcel A of that parcel map filed -October 2, 1975 ,. in Book 40 of Parcel Maps , at pages 26 and 27 , Contra Costa County Records , described as follows: Beginning at the intersection of the southern line of the' area "TO BE DEDICATED TO THE CITY OF CONCORD" shown on said parcel map and the western line 6:C. said Parcel A; thence along said,.,southern line North 80'034'3511 Fast, 181 .28 feet to the eastern line of said Parcel A (40 P.M. 26) ; thence along said lin.e South 20"00'55" Fast,, 77-32 feet; thence leaving said line as follows. South 80034'35" West, 50-00 feet ; North 20000155" West, 57 .99 feet; South 80°34'35"" West, 17.46 feet; South 70030129" West, 69.62 feet; South 20000155" East , 10.00 feet and South 8003413511 West 43.00 feet to the western line of said Parcel A (40 P.M. 26) ; thence along said line North 20000'55" West , 41 -71 feet to the point of be-inning. Excepting. therefrom, that parcel of land previously described in Parcel 101 — Fee and in Parcel 101 Wall Easement above. And containing. 0 ,10 Acres , more or less . Page 2 PARCEL 103 - Fee Portion of Parcel B of that parcel map f=led October 2 , 1975 , in. Bcsok 40 of Parcel Maps , at pages 26 and 27 , Contra Costa County Records , described as follows : Beginning at the intersection of the southern line of the area "TO BE DEDICATED TO THE CITY OF CONCORD" shown on said Darcel mao and the western line of said Parcel B; thence along said southern line North 80°34'35" Fast, 17.80 feet to the eastern line o= said Parcel B (40 PM 26) ; thence along said line South 20000'55" East, 16.28 feet;' thence leaving said line South 80 °3:'35" West, 1 i .80 feet to the western line thereof".; thence along said line North 20°00'55'.' West, 16.28 feet to the point of beginning. ng. And containing 0 .01 Ac=es , more or less . 1 Y PARCEL 103T -Temporary Construction Easement Portion of Parcel B of that parcel map filed October 2, 1975 , in Book 40 of Parcel Maps , at pages 26 and 27 , Contra Costa County Records , described as follows : Beginning at the intersection of the southern line of the area "TO BE DEDICATED TO THE CITY OF CONCORD" shown on said parcel map and the western line of said Parcel B; thence along said southern line North 80°34'35" East, 17.80 feet to the eastern line of said Parcel B (40 P.M. 26) ; thence along said line South 20000'55" East, 77.32 feet; thence leaving said line South 80034'35 ' West, 17 .80 feet to the western line of said Parcel B (40 P.M. 26) ; thence along said line North 20000155" West, 77.32 feet to the point of beginning. Excepting therefrom, that parcel of land previously described in Parcel 103 - Fee above. And containing 0.02 Acres , more or less . Page 3 PARCEL 150E Easement *Port'ion of the 60 foot in width right of way described in the deed to Oakland and Antioch Railway, a corporation, recorded March 22 , 1911 in Book 164 of Deeds , at page 224 and recorded October 11 , 1911 in Book 174 'of Deeds, at page 38, Contra Costa County_ Records , described as follows: Par- Beginning at the intersection of the northern line of that parcel of -land described in the deed to the State of California ;recorded June ll , 1974 in Book 7248 of Official -Records, at page 305, with the western line of said 60 foot right of way; thence along said western line North 20°03'25" West, 319.32 feet to the true. point of beginning; thence along said western line North 20003 25." West, 10.00 feet to a point hereinafter called Point "A"; thence leaving said western line as follows : North 69°56'35" East 40.00 feet; North 20°03'25" West, 5.00 feet; North 69°56'351? East, 20.00 feet to the eastern line of said 60 foot right of 'way; along said eastern line South 20003'25" East, 20.00 feet; leaving said eastern line South 69056'35" West, 20.00 feet; North 20003'25" West, 5.00 feet and South 69°56'35" West, 40.00 feet to the true point of beginning. And containing- 0 .02 Acres , more or less . Parcel 2 Commencing at the aforementioned Point "A' described in Parcel 1 above; thence along the western line of said 60 foot right of way North 20003'25" West, 582.59 feet to the true point of . beginning; thence continuing along said line North 20°03'25" West:, 10.95 feet; thence leaving said western line as follows : North 45°54'39" East, 45.00 feet; North 44005'21" West, 5.00 . feet; North 45054'39" East, 22.92 feet to the eastern line of said 60 foot right of way; along said eastern line South 20003'25" East, 21.90 feet; leaving said eastern line South 45054'39" West, 14.01 feet; North 44 05'21" West, 5.00 feet and South 45°54'39" West, 49 .46 feet to the true point of beginning. And containing. 0 .02 Acres , more or less. Page 4 w = PARCEL 1507--- Temporary Construction Easement •Portion of the 60. foot in width right of. way described in the deed to Oakland and Antioch Railway, a corporation recorded March 22 , 1911 in Book 164 of Deeds, at page 224 and recorded October 11 , . 1911 in Book 174 of Deeds, at page 38, Contra Costa . County_Records, described as follows: Commencing at the intersection of the northern line .of that parcel of land described in the deed to the State of California recorded. J.une I1 , 1974 in Book 7248 of Official Records, . at-page 305, with the western line of said 60• foot right of way; thence , along said western line North 20003'25" West, 2329.32 feet; thence leaving said western line as follows: ' North 69056'35" East ; 30.00 feet; South 20.°03'25" East, 1 ,300.00 feet; North 69056'3.5" East, 30.00 feet to the eastern line of said .60 foot right of way; along said western line South 20°03'25" East, 150.00 feet; leaving said western line South 69056'35" West, - 10.00 feet; South 20 03'•25" East, 530.00 feet; North 69056'35" East, 10.00 feet to said eastern line; along said eastern' line South - 20003'25" East, 50.00 feet; leaving said eastern line South 69056'35" West, 30.00 feet and South r20003'25" East, . 299.32 feet to the northern line of-said State parcel; thence along said line South 69056.'35" West, 30.00 feet to the point of beginning.. Excepting therefrom, that parcel of land described as. Parcel 1 and Parcel 2 in Parcel 150 - Easement above. Page 5 .